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Legal Definition Of The Relevant Market In Two-sided Markets

Posted on:2015-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:S ChenFull Text:PDF
GTID:2296330467468125Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Defining the relevant market is an important prerequisite for anti-competitive antitrust case analysis. With the rise of the two-sides markets theory, the definition of relevant market in two-sided markets is gradually concerned by the theory and practice of community, rather than one-sided market, the market has some features, such as non-neutral pricing structure, inter-group network externalities, contracts control and so on, these qualities have made the traditional definition of the relevant market theory can not fully applicable to it, they have brought unprecedented challenges. This paper attempts from the evolution of market definition theories and methods and the basic theory of two-sided markets, to find the plight of the existence of two-sided markets, and gradually explore a general idea of defining the relevant market in two-sided markets, find the defects of our current legislation and judicature in related fields and propose corresponding solutions. Finally this paper will apply the general idea of defining the relevant market in two-sided markets to the controversy and the administration of justice of Tangshan Co., Ltd. v. Beijing Baidu Network Technology Co.Ltd. case(it is referred to as "Baidu case" below).In addition to the introduction and conclusion, this paper is divided into four parts:The first part introduces the theory of the evolution of market definition process. Development of the theory of market definition as the representative of the United States, under the influence of "liberal" and "interventionism" in two values, has gone from theory to define the classical theory of market definition market Chicago School, the Chicago School theories developed market definition process, each period have emerged with the times echoes the market definition methods:from the classical theory of market definition of "cross-price elasticity of demand," the Chicago School "SSNIP test method" and then the dynamic competition model of the Chicago School. In this section, the author of the theory and jurisprudence wording typical structures were defined on the market each period to do a systematic combing theory and summarized to give readers all the way to the development of the theory of market definition has a preliminary understanding.The second part of this article focuses on the basic theory of two-sided markets and the problems of market definition in two-sided markets. Firstly, this part introduces the concept, features and categories of two-sided markets in details, pointing out the differences with one-sided market; secondly, this part analyses the problenms of traditional definition of relevant market applied to two-sided markets to find the particularity and complexity of the market definition in two-sided markets, and pave the way for solving the problem below.The third part of the main contents of this paper is to explore new ideas of defining the relevant market in two-sided markets. At first, it starts from the current situations and methods’uniqueness of the definition of relevant market in two-sided markets, it proposes that we should clear the non-public welfare of the platform in two-sided markets, consider the source of profit as the main basis and take the relations on both sides of the markets into consideration by analyzing the nature and profit of the platforms for business on both sides of the markets, then proposes the methods to make up for deficiencies SSNIP test such as questionnaires, analysis of specific groups and so on.The fourth part of this paper is to discuss two-sided markets for defining the relevant market problems and countermeasures in our country. Through analyzing the situations about the definition of relevant market in two-sided markets, we can conclude that the presence of antitrust laws and regulations are incomplete, law enforcement officers usually have low quality and often ignore the particularity of two-sided markets issues, the author put forward the corresponding sound advice.The conclusion of this article is the reconsideration about the definition of the relevant market in "Baidu"case. In the sight of two-sided markets, we try to apply the general ideas of defining the relevant market in two-sided markets to the case, and find out a better path to judge.
Keywords/Search Tags:Market, Relevant Market, Two-sided Market, Monopoly, Antitrust Law
PDF Full Text Request
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